Cities to governor: Work with us on fracking, not against us

Earlier this summer, the city of Longmont adopted rules to mitigate impacts of oil and gas drilling within the city. While not banning drilling or fracking, these common-sense rules encourage oil and gas operators to limit surface operations to non-residential zones.

In exchange for meeting voluntary standards — such as setbacks from schools and playgrounds — Longmont will fast track its review process. No oil and gas companies challenged the new rules, yet the Colorado Oil and Gas Conservation Commission’s response was to sue Longmont.

We are very troubled by this decision, as are many of our colleagues. Recently over 80 local elected officials from across Colorado (including 26 county commissioners from 12 counties, and 60 mayors and city councilors from 17 Western Slope and Front Range towns and cities) sent a letter urging Gov. John Hickenlooper to rethink this approach and work with local officials to protect communities from the adverse impacts of growing oil and gas development.

Local governments have the right and responsibility to take action to protect the heath and well being of our citizens and the environment. To that end, we regularly use our well-established land use and zoning authority. This approach has worked well for a range of activities, including commercial and residential development, and many industries also subject to state regulations such as gravel extraction and mining. It is similarly appropriate for local governments to help manage impacts of oil and gas activities within our borders. If someone wants to erect a wind farm or put in a field of solar panels, they need to comply with the local zoning code; it is hard to see why oil and gas extraction cannot be held to the same standard.

We do not oppose oil and gas development when pursued in appropriate locations and in a manner that protects public health, the environment, and neighboring residents. However, the cumulative risks from oil and gas drilling — including potential damage to air and water quality, scenic values, property values, infrastructure, and public health — can significantly affect local quality of life and economic prosperity.

We appreciate the governor’s recognition that additional state regulations are needed — for enhanced well-bore testing, water sampling, controlling methane emissions, and larger setbacks for wells in densely populated areas. We urge the state to adopt new regulations quickly, and make them strong enough to protect public health and the environment. In addition, we urge the state to expand its capacity to adequately monitor and enforce existing and new regulations.

Regardless of the outcome of state level reform, local elected officials have a long history of regulating oil and gas operations to minimize impacts in a manner that has complemented rather than conflicted with state efforts. The accessible public process afforded by local governments is essential to addressing public concern about oil and gas; such a process simply is not available at the state level. One-size-fits-all statewide rules alone often fail to adequately mitigate local concerns or address important site-specific or local conditions. We wholeheartedly support the state setting minimum standards and best management practices for the oil and gas industry, but also believe that local jurisdictions must be allowed to strengthen rules, as needed, to address local concerns and conditions.

Gov. Hickenlooper has stated his desire to work with local governments to address our oil and gas concerns and some counties already have established cooperative efforts with the COGCC through intergovernmental agreements. We would greatly welcome increasing such partnerships. We want the state to be a collaborator with us in responding to local needs — not an adversary.

To that end, we respectfully urge the governor to withdraw the state’s lawsuit against Longmont, and instead work with us to craft regulatory solutions that address local concerns and ensure comprehensive management of potentially damaging and risky industrial activities within our jurisdictions.

Wally White is a La Plata County commissioner. Will Toor is a Boulder County commissioner.

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Vincent Carroll is The Denver Post's editorial page editor. He has been writing commentary on politics and public policy in Colorado since 1982 and was originally with the Rocky Mountain News, where he was also editor of the editorial pages until that newspaper gave up the ghost in 2009.

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